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The Chelyabinsk Arbitration Court (AS CHO) once again did not complete the bankruptcy procedure for the regional Investment Development Agency (ANO "AIR CHO"). This time it was extended again until mid-December. For three years now, the organization has been at the center of large-scale litigation conducted by the tax authorities, former officials of the region and bankruptcy trustee Alexei Pivovarov.

The prolongation of bankruptcy is accompanied by Pivovarov's active attempts to bring the former management of the agency and a number of government agencies to subsidiary responsibility. Among the persons he considers responsible for the debts of the AIR are ex-governor Dubrovsky, ex-mayor of the regional capital Evgeny Teftelev, former heads of the agency Anatoly Lobko and Alexey Bobov. Other regional officials are on the same list of applicants for the subsidy. 

The manager considers the formal basis for subsidiary liability to be the fact that the founder of the AIR, that is, the regional authorities, withdrew all property and funds from the organization, thereby leaving it unable to continue its statutory and business activities, as well as fulfill tax obligations. The issue became acute after the Federal Tax Service submitted demands to the agency for 411 million rubles. 

The courts of lower instances had previously refused to satisfy Pivovarov's demands for the return of assets worth about 1.4 billion rubles to the bankruptcy estate. He tried to return them by challenging the transfer of property from the AIR to the founder. But in 2023, the Supreme Court of the Russian Federation did not review the acts approved in cassation. In particular, as indicated by the court, after the organization's property was alienated, it had no objective opportunity to conduct any economic activity, including the repayment of tax obligations. 

The position of the regional prosecutor's office on this issue partially coincides with the arguments of the manager: the supervisory authority supported the demand to bring to justice only two former directors – Anatoly Lobko and Alexey Bobov. The prosecutor's support was not expressed for the rest of the defendants, including former high-ranking officials. 

As a result, the dispute over subsidiary liability moved to the highest court, the Supreme Court of the Russian Federation, where the administrator has already filed a cassation appeal. Although the issue remains open, the final decision may have precedent value for similar cases when a non-profit organization established by the state is unable to fulfill its obligations to the budget. 

In September 2022, AIR CHO was declared bankrupt at the request of the Federal Tax Service for the Chelyabinsk Region. According to the court, the organization lacked any assets that could be used to settle accounts with creditors. Against the background of legal hopelessness, the manager switched to attempts to recover funds from specific individuals who participated in the management of the agency and, in his opinion, allowed its financial collapse.

 

Photo: Freepik

23.06.2025